TO: The President of the Navajo NationThe Attorney General of the Navajo Nation

PLEASE TAKE NOTICE, pursuant to 1 N.N.C. § 555(A) (2005), that The Forgotten People and Don Yellowman, on behalf of themselves and a class consisting of the beneficiaries of the Navajo Rehabilitation Trust Fund, desire to institute suit against the Navajo Nation or its officers, employees or agents, and the prospective plaintiffs give notice that amends its prior notice dated October 22, 2010, retroactive to such date, follows:

Prospective Plaintiffs

The prospective parties include all those impacted by the proposed Twin Arrows Casino or who are denied the benefit of the income and investment from it, as previously stated.

Prospective Defendants

The prospective defendants are the same as in the prior notice.

Nature of Claims

The August 25, 2010 special warranty deed to the “Navajo Nation of Indians (the ‘Navajo Nation’)” created a covenant that runs with the land, deed restriction, or other special condition, that “the Twin Arrows Parcel shall be used solely for the benefit of Navajo families ... awaiting relocation....” That is a specific trust in their favor.

The claim stated in the prior notice is restated here, that there is an equitable resulting trust in favor of Navajos for whom the lands were set aside. They are the victims of the Navajo-Hopi Land Dispute, beneficiaries of legislation for their benefit, and the refugees or survivors of the Navajo-Hopi Land Dispute and the Bennett Freeze. Their situation, and the purposes of the tract of land, create a resulting trust in their favor.

There is also a social trust on that tract of land that arises from the aboriginal rights of the refugee-survivors of the Navajo-Hopi Land Dispute, their suffering, their neglect by governments (including their own Navajo Nation government), and arises from a natural law social mortgage.

Given the current political situation of the Navajo Nation and past financing issues with casinos the prospective plaintiffs will also examine fiduciary issues regarding Twin Arrows and compliance with financial statutes and controls, and assert claims as needed.

Relief to be Sought

The prospective plaintiffs seek the relief previously stated, without any limitation on potential relief.

Plaintiffs’ Attorney

The prospective plaintiffs’ attorney is as previously stated and other potential attorneys.

THE SUPERIOR COURT OF THE STATE OF ARIZONA,IN AND FOR THE COUNTY OF COCONINO and

DON YELLOWMAN,

Respondents.

AFFIDAVIT IN RETURN TO ORDER TO SHOW CAUSE

DON YELLOWMAN, the named real party in interest, makes this affidavit to appear and makes return to the order to show cause directed against him, without appearing for the purposes of jurisdiction, to contest the jurisdiction of this honorable court over him and over the cause of action, and to contest the merits, and he states as follows:

STATE OF ARIZONA :: ss.County of Coconino :

1. I am an enrolled member of the Navajo Tribe of Indians or Navajo Nation, and at all times relevant to this action I resided at Tuba City, within the Navajo Nation.2. The facts and matters in the lis pendens that the petitioner claims are solely an internal matter involving members of the Navajo Tribe of Indians or Navajo Nation and their government that involve claims of impropriety by an entity of the Navajo Nation in the operation of a proposed Casino located on what is now federal Indian trust land.3. This court does not have jurisdiction over matters affecting tribal members and their Indian tribes under the Constitution of the United States and disclaimers of jurisdiction by the State of Arizona.4. The lis pendens in this case asserts facts and matters arising from litigation in the Navajo Nation and this court does not have jurisdiction to second-guess the Navajo Nation judicial system on the nature of matters pending before it.5. The lis pendens notifies the public of pending and prospective litigation and the same is proper under § 12-1191, A.R.S. as “notice of the pendency of ... action or defense.”6. I am the chief officer of an unincorporated association of Navajos called “The Forgotten People,” an organization that advocates for the survivors of the Navajo-Hopi Land Dispute.7. It is a public interest organization and I have exercised my rights of freedom of association and free speech in asserting what I believe are valid claims on behalf of fellow Navajos, my grassroots organization and myself.8. Such claims are stated in the lis pendens, in terms of not only claims asserted in litigation pending in the Courts of the Navajo Nation over facts and matters within its exclusive jurisdiction but in terms of a resulting trust on casino assets and proceeds in favor of Navajos, and specifically Navajos awaiting relocation (as stated in the Navajo Nation’s deed).9. Our October 22, 2010 notice of claim against the Navajo Nation gives it notice that the lis pendens involves the Navajo Rehabilitation Trust Fund and a resulting trust.10. I have given subsequent notice, for The Forgotten People, of additional claims against the Navajo Nation under federal legislation for the benefit of Navajos impacted by the Navajo-Hopi land dispute, an equitable resulting trust on casino land and assets, and a social trust on the land that arises from the aboriginal rights of Navajos who survived the Navajo-Hopi Land Dispute.11. We are awaiting the expiry of statutory deadlines before filing suit on both claims.12. The lis pendens is not a misstatement or false claim under the provisions of § 33-420(A), A.R.S., and in any event, this court does not have jurisdiction to assess the merits or not of the claim because it is one between a tribe and its members and one subject only to the jurisdiction of the Navajo Nation.13. I was served with process in this matter by a Navajo Nation private process server at the home of my parents in Tuba City, Navajo Nation.14. I am a Navajo Indian, and I cannot be served with Arizona State process within my Indian reservation, Navajo Indian Country. See State v. Zaman, 946 P.2d 459 (1997) (collecting cases that show that Indians cannot be served with Arizona process in Indian Country).15. The Navajo Nation Council enacted legislation, codified at 7 N.N.C.§ 253a(I) (2005), that prohibits the service of State process in the Navajo Nation without approval by a Navajo Nation court.16. A Navajo Nation court cannot order the service of process where the foreign tribunal does not have jurisdiction or the service of such process violates Navajo Nation public policy. 7 N.N.C. § 253a(I)(4) (2005).17. The question of such service is solely a matter within the jurisdiction of the Navajo Nation judicial system.18. There is no proof that a Navajo Nation court approved service in this case, and in any event, the court could not approve service of process where this court lacks jurisdiction.19. The affiant must be given an opportunity to attack an illegal court order if such approval was given.20. The statute that prohibits service of process was enacted pursuant to provisions of the Navajo Nation-United States Treaty of 1868 and that is why the statute binds this court.21. The Attorney General of the Navajo Nation is the sole legal officer of the Navajo Nation, and the purported counsel for the petitioner Nation has not produced proof of its authority under Navajo Nation law.22. The court should dismiss this action because it lacks jurisdiction, because there are no violations of Arizona lis pendens statutes, and because the lis pendens is protected by the fundamental rights of freedom of association, free speech, and the rights of American Indians under the Constitutions of the United States and the State of Arizona.23. I reserve the right to claim damages against the Navajo Nation for wrongfully bringing this action and to offset any illegal damages that may be granted by this court, in the Courts of the Navajo Nation.24. I made this affidavit before an Arizona State notary because Navajo Nation law does not provide for notaries or other private persons who can administer oaths.

______________________________________________________Don Yellowman

SUBSCRIBED AND SWORN TO before me, a Notary Public for the State of Arizona, on this _____ day of November, 2010.

______________________________________________________Notary Public for the State of ArizonaResiding at:My commission expires:--------------------------------------------------------------------------------------------

SUPERIOR COURT OF ARIZONACOUNTY OF COCONINO

THE NAVAJO NATION,

Petitioner, No. CV 2010-00997

v.

THE SUPERIOR COURT OF THE STATE OF ARIZONA,IN AND FOR THE COUNTY OF COCONINO and

DON YELLOWMAN,

Respondents.

AFFIDAVIT IN RETURN TO ORDER TO SHOW CAUSE

DON YELLOWMAN, the named real party in interest, makes this affidavit to appear and makes return to the order to show cause directed against him, without appearing for the purposes of jurisdiction, to contest the jurisdiction of this honorable court over him and over the cause of action, and to contest the merits, and he states as follows:

STATE OF ARIZONA :: ss.County of Coconino :

1. I am an enrolled member of the Navajo Tribe of Indians or Navajo Nation, and at all times relevant to this action I resided at Tuba City, within the Navajo Nation.2. The facts and matters in the lis pendens that the petitioner claims are solely an internal matter involving members of the Navajo Tribe of Indians or Navajo Nation and their government that involve claims of impropriety by an entity of the Navajo Nation in the operation of a proposed Casino located on what is now federal Indian trust land.3. This court does not have jurisdiction over matters affecting tribal members and their Indian tribes under the Constitution of the United States and disclaimers of jurisdiction by the State of Arizona.4. The lis pendens in this case asserts facts and matters arising from litigation in the Navajo Nation and this court does not have jurisdiction to second-guess the Navajo Nation judicial system on the nature of matters pending before it.5. The lis pendens notifies the public of pending and prospective litigation and the same is proper under § 12-1191, A.R.S. as “notice of the pendency of ... action or defense.”6. I am the chief officer of an unincorporated association of Navajos called “The Forgotten People,” an organization that advocates for the survivors of the Navajo-Hopi Land Dispute.7. It is a public interest organization and I have exercised my rights of freedom of association and free speech in asserting what I believe are valid claims on behalf of fellow Navajos, my grassroots organization and myself.8. Such claims are stated in the lis pendens, in terms of not only claims asserted in litigation pending in the Courts of the Navajo Nation over facts and matters within its exclusive jurisdiction but in terms of a resulting trust on casino assets and proceeds in favor of Navajos, and specifically Navajos awaiting relocation (as stated in the Navajo Nation’s deed).9. Our October 22, 2010 notice of claim against the Navajo Nation gives it notice that the lis pendens involves the Navajo Rehabilitation Trust Fund and a resulting trust.10. I have given subsequent notice, for The Forgotten People, of additional claims against the Navajo Nation under federal legislation for the benefit of Navajos impacted by the Navajo-Hopi land dispute, an equitable resulting trust on casino land and assets, and a social trust on the land that arises from the aboriginal rights of Navajos who survived the Navajo-Hopi Land Dispute.11. We are awaiting the expiry of statutory deadlines before filing suit on both claims.12. The lis pendens is not a misstatement or false claim under the provisions of § 33-420(A), A.R.S., and in any event, this court does not have jurisdiction to assess the merits or not of the claim because it is one between a tribe and its members and one subject only to the jurisdiction of the Navajo Nation.13. I was served with process in this matter by a Navajo Nation private process server at the home of my parents in Tuba City, Navajo Nation.14. I am a Navajo Indian, and I cannot be served with Arizona State process within my Indian reservation, Navajo Indian Country. See State v. Zaman, 946 P.2d 459 (1997) (collecting cases that show that Indians cannot be served with Arizona process in Indian Country).15. The Navajo Nation Council enacted legislation, codified at 7 N.N.C.§ 253a(I) (2005), that prohibits the service of State process in the Navajo Nation without approval by a Navajo Nation court.16. A Navajo Nation court cannot order the service of process where the foreign tribunal does not have jurisdiction or the service of such process violates Navajo Nation public policy. 7 N.N.C. § 253a(I)(4) (2005).17. The question of such service is solely a matter within the jurisdiction of the Navajo Nation judicial system.18. There is no proof that a Navajo Nation court approved service in this case, and in any event, the court could not approve service of process where this court lacks jurisdiction.19. The affiant must be given an opportunity to attack an illegal court order if such approval was given.20. The statute that prohibits service of process was enacted pursuant to provisions of the Navajo Nation-United States Treaty of 1868 and that is why the statute binds this court.21. The Attorney General of the Navajo Nation is the sole legal officer of the Navajo Nation, and the purported counsel for the petitioner Nation has not produced proof of its authority under Navajo Nation law.22. The court should dismiss this action because it lacks jurisdiction, because there are no violations of Arizona lis pendens statutes, and because the lis pendens is protected by the fundamental rights of freedom of association, free speech, and the rights of American Indians under the Constitutions of the United States and the State of Arizona.23. I reserve the right to claim damages against the Navajo Nation for wrongfully bringing this action and to offset any illegal damages that may be granted by this court, in the Courts of the Navajo Nation.24. I made this affidavit before an Arizona State notary because Navajo Nation law does not provide for notaries or other private persons who can administer oaths.

______________________________________________________Don Yellowman

SUBSCRIBED AND SWORN TO before me, a Notary Public for the State of Arizona, on this _____ day of November, 2010.

______________________________________________________Notary Public for the State of ArizonaResiding at:My commission expires:

It seems another year has gone by since the last time we gathered like this. I say we, although I am not there with you in body, my spirit certainly is. We have coined this day, a day of mourning, as opposed to a day of thanksgiving. It’s a shame that for the most part thanksgiving is relegated to only one day. And mourning is something that relates to unhappy circumstances that have taken place. We certainly can’t change what has happened. This very day is ours and tomorrow hasn’t happened yet and, is uncertain. I really don’t like to dwell on the mourning aspects of life but instead, on what we can do to prevent those unhappy and sometimes terrible times in our history. I may have mentioned it once before but I once read about a union organizer named Joe Hill that was framed by the copper mine owners to be executed. And I believe he said what really needs to be said upon his death. His words were “don’t mourn, organize”. And those are also my sentiments.

There are a lot of things that happened in the past that can be prevented in the future. There are losses that can be regained. But we must organize to do it. We must find it within ourselves to be in touch with the Creator for I can tell you from a heartfelt fact that when they’ve pushed you away, into a dark corner, not just your body, but your mind, your soul, your spirit, there is no one that can sustain you but the Creator himself. Dark moments come and go in all our lifetimes. And there are those in political office, who will try to turn your head away from the obvious truths. They will lie to you about what they believe. They will try to get you to follow what they consider politically correct while ignoring the truth, such as protests against the Mosque being built within blocks of the fallen Trade towers, which incidentally was a monument to wealth and wealth seekers. I am not trying to demean the innocent people whose only cause of their death was seeking a place of employment to feed their families. While they protest the Mosque, no one mentions the Native American sacred places that by treaty are seriously violated daily. Our Sacred Black Hills of South Dakota, sacred to many tribes, have the faces of many of our oppressors carved on them. The place of vision seeking, Bear Butte in South Dakota, sacred to us for millennia, has a bar built at the foot of it and there is talk of having helicopter flights around it to attract tourism. And, there is even talk of drilling for oil and gas.

Every time I have to write or I should say dictate, one of these statements, I try to think of what I would say if this was the last time I got to speak. The thing that comes to mind in some of our sacred ceremonies and that is thoughts of our relationships with the ones we love and the Creator of all life. Not to take away from the theme of this day, but if you can hold the person you love, be thankful. If you can walk on green grass, touch a tree, be thankful. If you can breathe air that didn’t come through a ventilation system, or a window with bars, be thankful. If you can stand in an open field or some other place at night and look up at the heavens, be thankful. No one appreciates the simple things as much as a man or woman locked away. I know sometimes some of my friends may have thought I had become institutionalized and there may be some element of my thinking behavior that has become calloused from this continued imprisonment. But I have not for a moment forgotten the needs of my people and the atrocities committed against them or the circumstances that all the poor and impoverished face in this world at the hands of those who take more than they need and exploit for gain, the futures of our children. I paint pictures of them sometimes, people I’ve known, people I’ve met, places I’ve seen, and places I’ve only seen in my minds eye. And if my paintbrush was magical, rest assured I would paint for myself one open door.

I wrestle with what to say to you and words are sometimes so inadequate. So if you are free today, un-imprisoned, be thankful. Give the person next to you a hug for me. May the Great Spirit bless you always in all ways with the things you need. May you find joy in doing what is right and righting what is wrong and seek to be the best example of what a human should be in our lifetime.

In the Spirit of those we mourn, those who gave their lives and those whose lives were taken from them.

I really don’t know what else to say because in writing this, my heart has become heavy with the emotions of this time.

In the Spirit of Crazy Horse, who gave his life for what was right and tried to right what was wrong.

Wednesday, November 24, 2010

Fr. Vitale has spent his life protesting the nuclear industry, including the nuclear test site on Western Shoshone lands, and torture training at Fort Huachuca. While he goes to jail one more time, the torturers remain free

Four protesters arrested and charged with federal trespass at Ft. Benning, Georgia on November 20 and 21 were in court on Tuesday, November 23. Arraigned before U.S. Magistrate Judge Stephen Hyles, Nancy Smith and Christopher Spicer pled not guilty. Their trial is set for January 5. Fr. Louis Vitale, OFM and Michael David Omondi pled no contest and were sentenced to the maximum 6 months in jail (no fine). Both men are presently in a Georgia county jail.

Because they may be transferred at any time, cards and letters to David may be sent to his community for forwarding: The Los Angeles Catholic Worker, 632 N. Brittania St., Los Angeles, CA 90033. Louie's mail may be send to the Nuclear Resister for forwarding at P.O. Box 43383, Tucson, AZ 85733. When they reach their final prison assignment, those addresses will be posted at http://www.nukeresister.org/inside-out/.

The four were arrested at the annual protest and vigil to close the U.S. Army's Western Hemisphere Institute for Security Cooperation (WHINSEC), formerly know as the School of the Americas.

On Saturday, November 20, 24 others were arrested on city and state charges, including unlawful assembly, failure to disperse, and parading without a permit. Some were blockading the road leading into Ft. Benning with a sign that read, "Stop: This is the End of the Road for the SOA". People not intending to risk arrest were among those swept up, including members of the press, protesters walking back to their cars and a Columbus, Georgia resident who came out of a barber shop to take a photo of the protest. There was also at least one undercover police officer arrested with the protesters but not charged, who later testified against the group in court. Legal observers report that four other people believed to be undercover officers were apprehended during the chaotic arrest scene on Saturday, but never brought to jail or charged.

On Sunday, November 21, Columbus Recorder's Court Judge Michael Cielinski found 22 of the 24 who were arrested by the city guilty on all charges. The remaining two were convicted following a bench trial the next day. All were released from jail by Monday, with fines and bonds exceeding $75,000 (which does not include appeals). They still must also answer state charges, and expect to be arraigned in January.

Contributions are still needed to help with fines and court costs. For more information about the Ft. Benning protest, and to contribute to the legal defense fund, visit http://www.soaw.org/.

EPA Reschedules Pollution Rule for Four Corners Power PlantGroups: ‘We need to clean up this dirty legacy.’

FARMINGTON - The Environmental Protection Agency announced today that it is extending the current comment period regarding proposed pollution reduction requirements for the Four Corners Power Plant from December 20, 2010 to March 18, 2011.

The Four Corners plant, located near Farmington, New Mexico, is the nation’s largest source of nitrogen oxide pollution, which has degraded visibility and created regional haze in a region once known for clear skies and pristine natural areas. Large sources of nitrogen oxide are also known to cause heart and respiratory diseases.

Local groups who have been working to clean up the coal-burning power plant and advocating for cleaner, more diversified sources of energy said that in spite of the extension, the Environmental Protection Agency needs to implement the most stringent air quality standards possible in order to address the regional haze pollution problem.

"After an almost 50-year legacy of pollution from the Four Corners Power Plant that has resulted in serious health impacts to the public, we believe that it is time to expedite long-term solutions that benefit our health, our economy, reduce regional haze at our treasured national parks and end the legacy of environmental degradation,” said Mike Eisenfeld with the San Juan Citizens Alliance. “The larger goal here is to transition this region to an economy that benefits everyone who lives here."

The EPA-proposed rule requires new pollution reduction technology on all five coal-fired units of the 2,040 megawatt power plant. The rule comes under the agency’s Best Available Retrofit Technology (BART) requirement as part of the Clean Air Act’s Regional Haze Rule to improve visibility in adjacent national parks, such as Grand Canyon and Mesa Verde.

In response, Arizona Public Service Company (APS), who owns Units 1, 2, and 3, proposed to the EPA that it would consider shutting down these older units and installing the pollution reduction technology on only Units 4 & 5. In order to do this, APS would need to purchase the shares of Units 4 & 5 owned by Southern California Edison (SCE).

SCE announced earlier this fall that it was divesting its ownership in units 4 & 5 in order to meet California’s new greenhouse gas restrictions.

APS, whose latest proposal must be evaluated by the EPA, claims that shutting down the three older units while updating the two newer units with modern pollution controls would reduce pollution and haze more than by installing the latest technology on all five units. However, APS is proposing to operate those coal burners for another 31 years until 2041.

This plan has disappointed groups who are advocating for more reductions in dirty coal combustion and dramatic increases in renewable energy in the region.

“APS has publicly stated in the not-so-distant-past that coal will play a smaller role in its portfolio while renewables will increase,” said Lori Goodman with Diné CARE. “Right now, as they are considering these major investments, is their opportunity to make that a reality.”

Goodman said that while coal has provided jobs for some of the Navajo Nation, it has never been the economic panacea that it was touted to be. With poverty and unemployment on the Navajo Nation still occurring at record highs, and the fact that the coal will not last forever while at the same time facing increasing regulatory challenges, Goodman said, “… now is the time for us to start moving towards a more diverse, clean energy economy that can provide the kinds of long-term jobs we want and need.”

"History will remember Alcatraz as the first time Indians ever tried to regain their lost land. It's the best thing that has happened since Custer's last stand."

"I had 20 students/members of UNA whom took part in The Alcatraz Take Over."

Lehman Brightman-National President of UNA

A special thanks to all of the UNA members who went on become leaders during the Alcatraz struggle. Jack Forbes, LaNada (Means) Boyer, Horace Spencer, Beliva Cottier, Muriel Waukazoo, Stella Leach, Carmen Chrisy and many others.Date: Tue, 6 Oct 2009 16:47:11 -0700From: lvwarjack@yahoo.comUNA Co-Founder LaNada Warjack

Dear Lee,

Congratulations to you! It is about time you have been recognized for your work and efforts in the Bay Area and as the first Director of Native American Studies at the University of California. A short recap of events over forty years ago (1966), we first worked with the American Historical Society, Rupert and Jeanette Costo in San Francisco. Later you became the Director of the American Indian Center on 16th Street when the old guard decided they wanted the Indian Center back. Thats when we decided to form our own organization called United Native Americans networking with Dr. Jack Forbes and David Risling Jr. You organized protests against the BIA for dropping off relocatees in the cities with a one way ticket for employment or vocational training. It was our goal to get our people into the universities and colleges to obtain professional educations. We practiced what we preached and were able get into the University of California at Berkeley to further our own education and continued to organize with other students and organizations, thus the Third World Strike at Berkeley and Native American Studies program.

You became our first Director and we continued the War Path, the organizational newsletter to reach a larger audience. Finally, the students from UC Berkeley and San Francisco State took Alcatraz Island to launch a bigger protest against the federal government for their ill treatment against all our people. Without your leadership and great heart for our Native people, we would not have been able to reach thoes amazing accomplishments. It was our ability to work together as a team with Jack Forbes, David Risling, outside Third World students and academic leaders that has created the momemtum to be successful. Personally, I would like to commend you and thank you personally for your input into this overall success and what exists today. Congratulations and maintain a positive stance for your children and future generations to come.

Sincerely,

Dr. LaNada War Jack aka LaNada Means

Video Evidence Showing UNA Members Denis Turner & LaNada War Jack From Day One Of The Alcatraz Take Over

KQED news report from November 20th 1969, featuring views of American Indians relaxing on Alcatraz Island and tourists circling the island in boats. There are a series of interviews with protesters who justify their occupation of the island. UNA Member Dennis Turner replies to a query about the potential threat of federal force being used to evict them by asking: "How can anyone refuse you legal rights to your own property?"

A KQED news report from Alcatraz featuring the American Indian occupation of the island, on November 24th 1969. Includes interviews with Dennis Turner, Richard Oakes and LaNada Means. Oakes confirms there there is no outbreak of hepatitis amongst the population and Turner states they're determined to remain there for 10 years if necessary, to defend their property rights. When LaNada Means is asked by a reporter if their protest has any connection with the Third World Liberation Front she replies: "Well, this is a Native American struggle." She describes the occupation as an attempt to make the federal government honor the 1868 Treaty of Fort Laramie and claims the failure of Walter Hickel (Secretary of the Interior) to respond to their November 20th proclamation was expected. She also points out that whilst living conditions for the protesters are very basic, this is in fact: "Average for an Indian way of life anyway. Now, I mean today."

KQED news report from Alcatraz Island on November 26th 1969, featuring interviews with the occupying American Indians and excerpts of everyday life there. There is also an episode by the dock in which a U.S. Coastguard boat intercepts a vessel full of protesters, including a brief scuffle.

KPIX news report from December 2nd 1969, featuring a press conference in which Richard Oakes explains to the press that: "Alcatraz offers the insulation necessary for us to develop intellectually." The Federal representative Mr Hammon is seen refusing to accept that American Indians may occupy Alcatraz Island indefinitely and UNA Co-Founder Dr. Jack D. Forbes presents an argument in support of their treaty rights to appropriate surplus federal land.

The year was 1637 ... 700 men, women and children of the Pequot Tribe, gathered for their "Annual Green Corn Dance" in the area that is now known as Groton, Conn. While they were gathered in this place of meeting, they were surrounded and attacked by mercenaries of the English and Dutch. The Indians were ordered from the building and as they came forth, they were shot down. The rest were burned alive in the building. The next day, the Governor of the Massachusetts Bay Colony declared : "A day of Thanksgiving, thanking God that they had eliminated over 700 men, women and children. For the next 100 years, every "Thanksgiving Day" ordained by a Governor or President was to honor that victory, thanking God that the battle had been won. Newell based his research on studies of Holland Documents and the 13 volume Colonial Documentary History, both thick sets of letters and reports from colonial officials to their superiors and the king in England, and the private papers of Sir William Johnson, British Indian agent for the New York colony for 30 years in the mid-1600s. "My research is authentic because it is documentary," Newell said. "You can't get anything more accurate than that because it is first hand. It is not hearsay." Newell said the next 100 Thanksgivings commemorated the killing of the Indians at what is now Groton, Connecticut [home of a nuclear submarine base] rather than a celebration with them. He said the image of Indians and Pilgrims sitting around a large table to celebrate Thanksgiving Day was "fictitious" although Indians did share food with the first settlers.

Source: Documents of Holland, 13 Volume Colonial Documentary. History, letters and reports from colonial officials to their superiors and the King in England and the private papers of Sir William Johnson, Britsh Indian agent for the New York colony for 30 years. Researched by William B. Newell (Penobscot Tribe) Former Chairman of the University of Connecticut Anthropology Department.

Friday, November 19, 2010

Navajo Water Rights Groups Respond to President’s Water Settlement Signoff

By Dine Water Rights

Navajo Nation President Joe Shirley, Jr., has signed the Northeastern Arizona Water Rights Settlement, now making complete the coup, or outside takeover, of the three branches of our government. That settlement minimizes our rights, constrains us like a straightjacket, and puts us farther on the road to complete suppression.“Great nations like great men should keep their word.” This famous sentence was written by U.S. Supreme Court Justice Hugo Black, in his dissent in the 1960 case of Federal Power Commission v. Tuscarora Indian Nation. He was distressed that the majority of the Court betrayed both the Tuscarora’s trust and the honor of the United States by allowing the violation of treaties with the Tribe and the flooding of their reservation. That is how we feel today; distressed and violated by our own Council and President, who have dishonored the People’s trust and the oaths they took to uphold the promises of our Treaties.Like tribes of old, our government has been infiltrated by representatives of outside interests who completely control the information received and decisions made by our central government leaders, while, at the same times, excluding the People from access to their own government. Worst among these infiltrators is long-time water lawyer Stanley Pollack. (You can “google” the 2008 article “Navajo Water Rights: Truths and Betrayals” for some of the deceptions, falsehoods, misrepresentations, etc., Pollack has perpetrated against our People) This kind of thing is not new to tribes in modern times. For example, our neighboring tribes, the Hopis, were, for decades, duped and subverted by their late and mistakenly trusted lawyer, John Boyden, who secretly sold them out to corporate and state interests. They were able to confirm this only after his death. (See the book “Fire on the Plateau” by renowned federal Indian law professor Charles Wilkinson.)While state and corporate interests refer to Stanley Pollack as the best lawyer they ever had, our naïve, deceived, and self-interested leaders, the majority of whom are now under criminal indictment for misappropriation of funds, merrily follow his every whim—like domesticated animals down to the watering hole.We are reminded of two great Indian country leaders of the Lakota People, Crazy Horse and Sitting Bull, who were betrayed and slain by members of their own tribe who conspired with government agents. That kind of betrayal is what has happened to us, from our Council and President, as orchestrated by Pollack and his henchmen and women.It is now left solely up to the Navajo People to try and dig ourselves out of this quagmire of treachery, disloyalty, and internal abuse that President Shirley and the Council have aided outside interests with--in oppressing the Navajo people. This is one of the saddest chapters in our history. To the 51 council delegates and President Shirley, your legacy will be forever remembered as the ones who gave up our precious water rights to outsiders, in 2010.As advocates for our people, we will also exercise our Treaty rights, which are the People’s, in our fight to reverse this injustice and to put into motion steps to banish this bad man, Pollack, from our Reservation.

Wednesday, November 17, 2010

We are just a couple of weeks away from our Dec 2-4 conference that will address the issues of Hate, Censorship and Forbidden Curricula in the state of Arizona.

The recent elections have only intensified the crisis and siege we’ve been living the past four years. Jan Brewer was elected governor, riding primarily on the wave of anti-Mexican sentiment prevalent in Arizona. State Sen. Russell Pearce – the author of Arizona’s new racial profiling measure, SB 1070 is now majority leader of the state Senate. He has vowed to introduce legislation that will nullify the 14th amendment or birthright citizenship for the children whose parents cannot prove their right to be in the country. State school superintendent Tom Horne – the architect of HB 2281, which seeks to ban ethnic studies in Arizona’s K -12 schools – was elected the state’s attorney general, where he can do worse damage there. His successor, state senator John Huppenthal, has vowed to carry on Horne’s fight at the university level. And the Ward Connerly-initiated anti-affirmative action Proposition 107, under the guise of a civil rights initiative, passed. And of course, Sheriff Joe Arpaio continues with his media-seeking raids, while deaths and militarization along the border continue unabated.

This conference will highlight the heroic response by our community. This resistance has resulted in several arrests (while there have been several acquittals, the trials of 8 defendants are still pending). Separately, 10 teachers and the director of Raza Studies in Tucson have sued the state. For info re this historic lawsuit, filed by attorney Richard Martinez can be found at: http://www.saveethnicstudies.org/

You are invited to attend our conference, which will primarily be a series of dialogues amongst our community, conscious that Arizona is but a lab experiment for the rest of the nation. It will also end with a floricanto, something for our spirits. For info re the prelim conference schedule, for columns related to this crisis and for info re supporting the conference, please go to: http://drcintli.blogspot.com

UNM KIVA CLUB ALUMNI AND PRESENT DAY KIVA CLUB MEMBERS SCHEDULED TO MEET IN TALKING CIRCLE GATHERING

Albuquerque. A November 20 “talking circle gathering” has been organized by 1970s former and present University of New Mexico Kiva Club members in an effort to share personal and collective stories and journeys regarding situations Native people face today.The gathering is a joint effort of the UNM Kiva Club alumni and the present day Kiva Club and their president Stephanie Salazaar and is meant to create an opportunity for intergenerational dialogue and conversation.“The present day Kiva Club might not necessarily understand the deep rooted activism of the 1970s. There is likely a gap of knowledge and experience between our generations. Younger students need to expand their understanding of the past and how present day Indian country is impacted”, according to Kiva Club alumni John Redhouse.Issues of the 1970s and 1980s involved anti-racism and exploitation of Native people, Indigenous rights relating to land, culture, language, environment, and identity, the need for tribal sovereignty and self-determination, the need to recover Native traditional knowledge, and adherence to historic treaty, hunting and fishing rights. Protests included the Larry Casuse and Robert Nakaidinae incident, the American Indian Movement, the 1970 Alcatraz takeover, the 1972 BIA takeover, the 1973 Wounded Knee takeover, the Longest Walks of 1978 and 1980, the protests at Big Mountain on the Diné Nation, and various anti-racism, anti-exploitation and anti-commodification protests in Farmington, Albuquerque, Gallup and Flagstaff, Az.“During those times we understood the Kiva Club community to extend beyond the university campus. We were connected to area tribal nations or the original inhabitants of the land, by the need for justice, by the need for understanding and harmony among all of us” said Joy Harjo, Mvskoke,(Creek) Nation, former Kiva Club member.The gathering is set for November 20, 2010 at the University of New Mexico Student Union Ballroom C in Albuquerque.

The first UNM-Albuquerque Kiva Club Reunion has been a long time coming and many people, especially Larry Emerson and Eulynda Toledo-Benalli, have worked diligently on this event.

The reunion is scheduled to begin at 9 a.m. and end at 4 p.m. at UNM Student Union Ballroom C.

Opening remarks will be made by longtime Indian rights activist John Redhouse and Marley Shebala. Redhouse's involvement with Indian rights and civil rights organization that included Indians Against Exploitation in Gallup, N.M., the Coalition for Navajo Liberation in Farmington, N.M., the National Indian Youth Council in Albuquerque, and the New Mexico U.S. Civil Rights Commission. Shebala's 28 years of journalism experience earned her the name of muck-raker by High Country News for her coverage of the Navajo Nation government. But she takes pride in receiving Community Journalist of the Year from the Arizona Newspaper Association in 2005 and 2008 and the Richard LaCourse Investigative Reporting Award from the Native American Journalists Association in 2002 and 2009.

Internationally acclaimed author, poet, musician and screenwriter Joy Harjo, Muskogee-Creek, will headline and lead other Kiva Club poets in a poetry reading. Harjo's poetry has received a Lila Wallace-Reader's Digest Award, the New Mexico Govenor's Award for Excellence in the Arts, the Lifetime Achievement Award from the Native Writers Circle of the Americas and the William Carlos Williams Award from the Poetry Society of America. She has also released three award-winning CD's: Letter from the End of the Twentieth Century, Native Joy for Real, and She Had Some Horses.

Larry Emerson, who describes himself as a farmer, artist, educator and activist from Tse'Daa'Kaan, will be doing a reading on his writings and also provide handouts. Larry received his doctorate in educational philosophy from San Diego State University and Clairmont Graduate University where he conducted research and taught on indigenous decolonization theories and practices.

Toledo-Benalli, who holds a doctorate in education, is conducting research and documentation for the Boarding School Healing Project. "The Boarding School Healing Project has designed October 6 as a day of remembrance. Oct. 6, 1879 was the day Gen. Richard Pratt took children from all Nations and opened the boarding schools in Carlisle, Penn. Many children died." Toledo-Benalli is also the founder of First Nations North & South and an award-winning broadcast journalist.

Policia Comunitaria de Guerrero, an indigenous way of policing the community. This model could be duplicated to various parts of the world.www.policiacomunitaria.orgHere is a documentary of the story of the police communities of Guerrero: Cuando la Justicia Se Hace Pueblo.

Beginning in San Jose,CA traveling through the Bay Area to Sogorea-Te` Shellmound -Glen Cove Vallejo, ending at the Emeryville Huchiun Shellmound (Bay Street Mall)

IPOC Shellmound Peace Walkers along with SSP&RIT and Foot Prints for Peace invites all to join in a journey of walk and prayer to remember our ancestors that lived on this land for thousands of years. The walk will be led by traditional Native American leaders and Nipponzan Myohoji Buddhist. We will walk and pray with our ancestors in areas where shellmounds and sacred sites have been desecrated by development and celebrate the return of our ancestors due to the NAGPRA law recent changes.

In 2009, a group of SFSU students, in collaboration with native leaders, faculty from San Francisco State University and students from California State University East Bay conducted interviews of historians, native scholars and activists and documented the 40th anniversary of the historic 19 month American Indian occupation of Alcatraz Island. The multi-media exhibit contains photographs, an audio landscape, a collage of contemporary and archival footage; and original art.

Monday, November 15, 2010

Declaration of the Ministerial Committee for the Defense of Nature of ALBA-TCP

NATURE HAS NO PRICE

Ministers, Authorities of the Ministerial Committee for the Defense of Nature of the Plurinational State of Bolivia, Republic of Cuba, Republic of Ecuador, Republic of Nicaragua, Bolivarian Republic of Venezuela, members of the Bolivarian Alliance for the Americas – Treaty of Commerce of the People (ALBA-TCP), gathered in the city of La Paz in the Plurinational State of Bolivia, from November 3rd to 5th, 2010.Considering that:

1. There is within the United Nations is a push to promote the concept of a “green economy” or a “Global Green New Deal” in order to extend capitalism in the economic, social and environmental arenas, in which nature is seen as “capital” for producing tradable environmental goods and services that should then be valued in monetary terms and assigned a price so that they can be commercialized with the purpose of obtaining profits.

2. Studies are being carried out and manipulated, such as the Stern Report on the Economics of Climate Change and the study on the Economy of Ecosystems and Biodiversity, among others, in order to promote the privatization and the mercantilization of nature through the development of markets for environmental services, among other instruments.

3. Those who promote this new form of privatization and mercantilization of nature wish to develop a new kind of property rights which are not exercised over a natural resource in itself, but rather, over the functions offered by particular ecosystems, thus opening up the possibility of commercializing them in the market through certificates, bonds, credits, etc.

4. Under this capitalist conception that seeks only to guarantee benefit for those few who wield economic power: water should be privatized and distributed only to those that can afford to pay for it, forests are only good for capturing emissions and for selling on the carbon market that allows rich countries to avoid reducing emissions within their own territories, and genetic resources must be appropriated and patented for the enjoyment of those who possess modern technology.

Recognizing that:

The right to safe drinking water and sanitation is a human right that is essential for the full enjoyment of life, which has been endorsed by the United Nations and can only be guaranteed through the recognition and defense of the rights of Mother Earth.

Convinced that:

States are responsible for guaranteeing the sovereignty of the peoples over their natural patrimony and natural resources.

We declare:

1. That nature is our home and is the system of which we form a part, and that therefore it has infinite value, but does not have a price and is not for sale.

2. Our commitment to preventing capitalism from continuing to expand in the spheres that are essential to life and nature, being that this is one of the greatest challenges confronting humanity.

3. Our absolute rejection of the privatization, monetization and mercantilization of nature, for it leads to a greater imbalance in the environment and goes against our ethical principles.

4. Our condemnation of unsustainable models of economic growth that are created at the expense of our resources and the sovereignty of our peoples.

5. Only a humanity that is conscious of its present and future responsibilities, and states with the political will to carry out their role, can change the course of history and restore equilibrium in nature and life as a whole.

6. That instead of promoting the privatization of goods and services that come from nature, it is essential to recognize that these have a collective character, and, as such, should be conserved as public goods, respecting the sovereignty of states.

7. It is not the invisible hand of the market that will allow for the recuperation of equilibrium on Mother Earth. Only with the conscious intervention of state and society through policies, public regulations, and the strengthening of public services can the equilibrium of nature be restored.

8. Cancun cannot be another Copenhagen; we hope that accords will be reached in which developed countries truly act according to the principle of common but differentiated responsibilities, and effectively assume their obligation to reduce greenhouse gas emissions, without making climate change into a business through the promotion and creation of carbon market mechanisms.

9. That, committed to life, the countries present at this meeting agree to include in our permanent agenda, among other actions, the realization of a referendum on climate change and the promotion of the participation of the peoples of the world.

10. That it is urgent to adopt at the United Nations a Universal Declaration on the Rights of Mother Earth.

Peltier family accuses U.S. government of medical neglectBy Leonard Peltier Defense Offense Committee"A man dies from prostate cancer every 16 minutes in this country. Whydoes my brother have to wait over a year to receive even a diagnosis?"

Native American activist Leonard Peltier, who maintains his innocence,was wrongfully convicted in connection with the shooting deaths of twoagents of the Federal Bureau of Investigation in 1977. Imprisoned for35 years-currently at the federal prison in Lewisburg,Pennsylvania-Peltier has been designated a political prisoner by AmnestyInternational. Nelson Mandela, Desmond Tutu, 55 Members of Congress andothers-including a judge who sat as a member of the court in two ofPeltier's appeals-have all called for his immediate release. Widelyrecognized for his humanitarian works and a six-time Nobel Prizenominee, Peltier also is an accomplished author and painter.

Sister Betty Solano says Peltier began exhibiting symptoms commonlyattributed to prostate cancer over a year ago. His age (he is 66 yearsold) and family history are risk factors for the disease. Pressured byPeltier's attorneys, the Bureau of Prisons (BOP) ran standard bloodtests in June. Peltier received the results last week, over four monthslater. A physician only now says a biopsy is needed to make adiagnosis.

Prostate cancer affects 1 in 6 men in the United States. Medicalexperts agree that the cure rate for prostate cancer is high, but onlyif detected early.

Even if Peltier doesn't have cancer, the symptoms indicate a seriousmedical condition and one that could lead to serious complications ifleft untreated.

A physician who conducted an independent review of Peltier's medicalrecords in 2000 concluded that Peltier's overall medical treatment isbelow a reasonable standard of care. Decades ago, Peltier suffered astroke which left him nearly blind in one eye-damage physicians saycould have been prevented had he been treated sooner. In the 1990s,there was international outrage after the BOP botched surgeries tocorrect a jaw problem. Only then was Peltier transferred to the MayoClinic in Minnesota for treatment. Subsequent procedures wererecommended by a specialist, but never performed by the BOP.

"Last week, at the United Nations, the United States claimed that it isunequivocally committed to the humane treatment of all individuals indetention, including criminal detention. Delaying tests, avoiding adiagnosis, and preventing proper medical treatment for a potentiallylife threatening disease is not humane by anyone's definition," aspokesperson for the Leonard Peltier Defense Offense Committee said.

"Unfortunately, this situation isn't unique to Mr. Peltier. Many U.S.prisoners die prematurely because treatment is delayed or denied."

Family members want the government to release Peltier who was deniedparole in 2009. His North Dakota tribe has twice passed a resolutionasking the government to transfer Peltier into their custody. Peltier'smany supporters believe his release from prison is the only way Peltierwill receive humane treatment.

###

US Versus Leonard Peltier: Evidence of a Wrongful Conviction. From thefiles of the Federal Bureau of Investigation:http://www.whoisleonardpeltier.info/download/CriticalFBIDocs.pdf.

Call for Entries - Uranium Film Festival 2011 in Rio de JaneiroThe 1st International Uranium Film Festival - URÂNIO EM MOVI(E)MENTO - has announced its “call for entries” to filmmakers and film directors from around the world. The festival will held in Rio de Janeiro and São Paulo 21st - 28th May and 2nd - 9th June 2011. URÂNIO EM MOVI(E)MENTO is Latin America´s first film festival to highlight nuclear and radioactive issues. It is an annual event with 2 international competitions.The Festival accepts all independent short films (15 - 40 Min) and feature films (41 - 120 Min) about the whole nuclear fuel cycle. The films (shorts, features, documentaries, movies) could be about nuclear energy in general, about nuclear waste or about uranium prospecting, uranium exploration, uranium mining, or about nuclear transport, about nuclear and radioactive dangers or about people and environment affected by nuclear projects or radioactive elements in general. Movies, videos, films of all production dates are accepted. Film makers and film directors should send entries with the completed application form. Preview DVD must arrive until January 20th 2011. For further information and to download the application form visit our website: www.uraniumfilmfestival.org, or send an Email to info@uraniumfilmfestival.org.There are no Submission fees. Deadline: DVD must arrive until January 20th 2011.Send Entry Form and DVD with your film toURÂNIO EM MOVI(E)MENTOc/o Márcia Gomes de OliveiraRua Monte Alegre 356 - Apt. 301Rio de Janeiro / RJCEP-20240-19Brazil

Wednesday, November 10, 2010

Scanned signed copy of a Lis Pendens Forgotten People filed in Apache County Clerk and Recorders Office, a Notice to the President and a news release.11/10/10NAVAJO PROPERTY HOLDERS PUT WATER RIGHTS CLAIMANTS, THE NAVAJO NATION COUNCIL, AND THE PRESIDENT OF THE NAVAJO NATION ON NOTICE ABOUT WATER RIGHTS

By Forgotten PeopleNovember 8, 2010-The Forgotten People, a Navajo grassroots organization, on its own behalf and that of Navajo holders of various water rights, including but not limited to allottees, who hold preexisting aboriginal rights, allotment rights, original Indian title allotment rights, restricted allotment rights, public domain allotment rights, homestead allotment rights, and/or other rights, including federal reserved rights, to the waters of the Little Colorado River system and its tributaries, and to the Lower Basin of the Colorado River, and its tributaries, and such rights have not been extinguished; and there are such holders of rights to such waters under other legal theories or regimes; that the purported settlement of Navajo Nation water rights adopted by the Navajo Nation Council is invalid. The Council acted on November 4, 2010.

It is invalid for the reason that the holders of aboriginal, Treaty, homestead, allotment, and other water rights were not given adequate notice of the settlement and that their free prior and informed consent was not obtained by the Navajo Nation.

The Forgotten People organization is filing a Lis Pendens notice with the Apache County Clerk and Recorder on November 8, 2010 to put the world on notice of their property and water rights, and a notice is being sent to President Shirley of the Navajo Nation. The notice requests that he veto the Council action and, if passed, that he refuse to sign the agreement under the discretionary authority granted in the resolution.

Please refer to the attached copies of the Lis Pendens and Notice to President Shirley for more details.

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Censored News is published by censored journalist Brenda Norrell. A journalist for 27 years, Brenda lived on the Navajo Nation for 18 years, writing for Navajo Times, AP, USA Today, Lakota Times and other American Indian publications. After being censored and then terminated by Indian Country Today in 2006, she began the Censored Blog to document the most censored issues. She currently serves as human rights editor for the U.N. OBSERVER & International Report at the Hague and contributor to Sri Lanka Guardian, Narco News and CounterPunch. She was cohost of the 5-month Longest Walk Talk Radio across America, with Earthcycles Producer Govinda Dalton in 2008: www.earthcycles.net/COPYRIGHTS All material is copyrighted by the author or photographer. Please contact each contributor for reprint permission. brendanorrell@gmail.comAudios may not be sold or used for commercial purposes.

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